Statement of Common Ground Inglewood, Torbay APP/X1165/W/20/3245011 15 December 2020 Prepared by: Simon Fitton, Alder King Reviewed by: David Pickhaver, Torbay Council Alder King Planning Consultants Pembroke House, 15 Pembroke Road, Clifton, Bristol BS8 3BA Email: [email protected] Tel: 0117 317 1000 Statement of Common Ground: Inglewood, Torbay APP/X1165/W/20/3245011 Contents Introduction and Application Background ....................................................................... 1 The Appeal Site and its Surroundings ............................................................................ 1 Planning History ............................................................................................................. 3 Appeal Proposals ........................................................................................................... 5 Matters agreed ............................................................................................................... 7 The Housing Requirement ............................................................................................. 9 Planning Policy Context ............................................................................................... 10 Technical Position on the Appeal Proposals ................................................................ 13 Draft Conditions ........................................................................................................... 17 Section 106 Agreement ................................................................................................ 17 Core Documents .......................................................................................................... 17 Appendices Appendix 1: Letter from LPA of 28 August 2019 Appendix 2: Transport and Highways Statement Appendix 3: Ecology Statement Appendix 4: Draft Conditions Appendix 5: Draft S106 Agreement Appendix 6: Draft Core Document List 15 December 2020 Statement of Common Ground: Inglewood, Torbay APP/X1165/W/20/3245011 Statement of Common Ground signed on behalf of Torbay Council (LPA) Print Name: David Pickhaver for Torbay Council Date: 15 December 2020 Position: Senior Policy Planner Statement of Common Ground signed on behalf of Abacus Projects Limited and Deeley Freed Estates Limited (Appellant) Print Name: Simon Fitton for Alder King Date: 15 December 2020 Position: Partner 15 December 2020 Statement of Common Ground: Inglewood, Torbay APP/X1165/W/20/3245011 Introduction and Application Background 1.1 This agreed statement has been prepared by the Appellant, Abacus Projects Limited and Deeley Freed Estates Limited and Torbay Council, the Local Planning Authority (LPA). 1.2 The application reference P/2017/1133 was submitted to the Council on 3 November 2017 by Stride Treglown, acting as agent for the applicants. The application was confirmed as valid on 17 November 2017. 1.3 The description of development, as revised in November 2019 is: “Outline application for residential led development of up to 373 dwellings (C3) together with the means of vehicular and pedestrian/cycle access together with the principle of a public house (A3/A4 use), primary school with nursery (D1), internal access roads and the provision of public open space (formal and informal) and strategic mitigation. Details of access to be determined with all other matters reserved.” 1.4 During the consideration of the application, extensive negotiations have occurred between the appellant, Council officers and statutory consultees. In response to comments received during the consideration of the application and these negotiations, the proposal was amended and a series of changes were made to the application, including the submission of amended plans on 8 March 2018. 1.5 The determination period was extended to 31 July 2019 and expired on that date. 1.6 The application has not been determined and an appeal has been lodged against non-determination. 1.7 Heads of terms for a section 106 agreement are agreed in principle. It is expected that the section 106 agreement and conditions will be agreed before the Public Inquiry. The Appeal Site and its Surroundings 2.1 The appeal site is located wholly within the Torbay Council administrative area. It is located south of an area locally known as White Rock and is bounded on its eastern edge by the A3022/Brixham Road, a tree/hedge lined route serving the Brixham Peninsula. The wider context includes Torquay situated to the north-east, Brixham Peninsula to the south-east, and the South Devon Area of Outstanding Natural Beauty (AONB) to the south and west that surrounds the River Dart. A significant proportion of the farmland within the proposed ecological mitigation management proposals lies within South Hams District, but no development is proposed on this land. 2.2 The western boundary is formed of field margin/hedgerows and follows the administrative boundary between the Torbay and South Hams District Council areas. 2.3 The eastern edge of Brixham Road, broadly referred to as Goodrington (or Hookhills), is predominantly residential in nature with development typical of 1970-1990 style. 1 1 15 December 2020 Statement of Common Ground: Inglewood, Torbay APP/X1165/W/20/3245011 2.4 The village of Galmpton is situated beyond the southern boundary of the site, separated by fields. 2.5 The hamlet of Waddeton is located to the south-west, accessed from the White Rock area by Waddeton Road and from Galmpton by Stoke Road. 2.6 The majority of building uses surrounding the site are residential properties located to the east of Brixham Road, within the White Rock development to the north, and at nearby Galmpton and Waddeton. Educational building uses include White Rock Primary School located directly to the north-east and South Devon College located to the north-west of the site. 2.7 Hookhills Community Centre is located within the predominantly residential district of Goodrington to the east of the site. Commercial/business building uses are also located within the White Rock area to the north of the site. 2.8 The Nords, a clump of tall, mature trees are situated on the southern boundary; the northern proportion of the Nords falls within the appellants ownership but is outside the red line planning application boundary.. South Devon College and commercial properties are located to the north-west. The White Rock development currently under construction and associated mitigation planting exists directly to the north of the site and White Rock Primary School with associated open grounds is located to the north-east with Paignton beyond. 2.9 The land at White Rock was granted outline planning permission in April 2013 (P/2011/0197) for a mixed use development comprising 350 dwellings, employment space, a local centre, formal and informal public open space together with strategic landscaping. It has subsequently been the subject of a number of reserved matters submissions and the commencement of the first two phases of residential development. The White Rock development is subject to S106 Agreements dated 26 April 2013 and 17 April 2014, which affect the appeal site. These identify the north of the Inglewood site as Entry level Stewardship as part of the LEMP for the development. 2.10 The two sites are separated by an area of woodland planting, forming part of the strategic landscaping and secured as mitigation as part of the Section 106 Agreement in relation to the White Rock planning application. 2.11 In addition to the appeal site, the appellant owns further land immediately to the west and beyond Waddeton Road, which is within South Hams District. 2.12 The land (appeal site and offsite) is currently used solely for agricultural purposes. The site topography is relatively undulating with high points at the north and south-east site boundaries. The site generally falls away to the south and south-west, away from a transitional ridge to the north, towards the Galmpton Watercourse. The contour lines at levels 64m and 65m AOD thread through the majority of the site and there is opportunity for relatively level vehicular circulation throughout the site to be established at this common level. 2 2 15 December 2020 Statement of Common Ground: Inglewood, Torbay APP/X1165/W/20/3245011 2.13 The existing fields are bounded on all sides by established hedgerows. Cirl Bunting habitats and flight corridors for Greater Horseshoe Bats exist within and close to the site. 2.14 A pond exists near to the south-east site boundary and a small ‘sheep wash’ depression within the ground exists adjacent to the central hedgerow. 2.15 An existing 11kV overhead cable cuts through the south-west corner of the site and is retained as part of the proposals. Planning History and the Development Plan 3.1 At the 1989 Torbay Local Plan Inquiry the appeal site was considered as having the potential to be included as a housing and employment allocation, but ultimately rejected at that time. 3.2 Planning applications covering part of the study site were submitted in 1995 (ref. 95/0998/OA) and 1996 (ref. 96/1288/OA) for housing and associated open space, including the realignment of Brixham Road. The earlier of the two applications was refused planning permission in October 1995 and the latter application was withdrawn in June 1998. In broad terms, the first application was refused due to a lack of housing need at that time and the potential for adverse landscape and highways impacts. 3.3 In October 1995 an outline planning application (ref. 1995/1304/OA) was submitted